The court considered its power to admit additional evidence on an extradition appeal. A court had rejected an extradition request saying that it was not sure that the defendants, as Roma citizens would receive a fair trial. The requesting authorities sought to admit additional evidence as to the fairness of the trial system.
Held: There was no sufficient reason why the evidence should not have been brought earlier.
The Administrative court will not readily admit fresh evidence which should have been adduced before the lower court and which is tendered to try to repair holes which should have been plugged before that court.
Sir Anthony M P, Silber J
[2009] EWHC 231 (Admin), [2009] 4 All ER 324
Bailii
Extradition Act 2003 29(4)
England and Wales
Cited by:
Cited – United States of America v Assange Admn 10-Dec-2021
The USA sought A’s extradition. It had been previously refused on the grounds of expected suicide of A if subjected to US prison conditions.
Held: The order refusing extradition was quashed, and the matter referred to the Magistrates’ Court . .
Lists of cited by and citing cases may be incomplete.
Extradition, Human Rights
Updated: 15 December 2021; Ref: scu.295119
